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Fraudulent certification creation caught by the Clean Energy Regulator

The Clean Energy Regulator has recently taken enforcement action against registered agent Green and Gold Solar Australia Pty Ltd, who improperly created Small-scale technology certificates (STCs) as they failed to comply with Victorian government requirements for solar installations. Green and Gold Solar Australia Pty Ltd created STCs for installations that did not have compliant Victorian Certificates of Electrical Safety and the installations were therefore ineligible for STCs.

Green and Gold Solar Australia Pty Ltd entered into an enforceable undertaking with the Clean Energy Regulator to address its conduct. The enforceable undertaking includes inspection of all solar PV installations and submission of compliant Certificates of Electrical Safety. Green and Gold Solar Australia Pty Ltd has also committed to the development and implementation of new internal compliance processes and procedures, which will be provided to the Clean Energy Regulator. The undertaking is available, along with current and previous enforceable undertakings.

The Clean Energy Regulator takes fraud and deliberate non-compliance seriously and takes necessary action to ensure the integrity of the scheme. Small-scale Renewable Energy Scheme (SRES) participants who are involved in the improper creation of STCs will be subject to enforcement action by the Clean Energy Regulator. We have a broad range of enforcement options which include the application of enforceable undertakings, criminal or civil proceedings and suspension and deregistration of REC Registry accounts.

The Clean Energy Regulator may accept enforceable undertakings from scheme participants in cases to prevent or address serious non-compliance. Enforceable undertakings are written statements from a person or organisation that they will do, or refrain from doing, certain things in order to resolve detected contraventions or improve compliance with the legislation.

The Clean Energy Regulator takes into consideration a number of factors before agreeing to the offer of an enforceable undertaking. These factors include participant willingness and likelihood to comply with the undertaking, previous compliance history in the SRES and the proportionality of the outcome to the conduct that has, or is likely to occur.

For more information about our monitoring and enforcement powers, please refer to the compliance, education and enforcement policyon our website.